2020 Analysis of Workers' Compensation Laws - 20

Chart II-Coverage of Laws, cont.
Employment1 Covered

 
Exceptions2, 3

Special Coverage
Provisions

Compulsory as to all public
employment, including public
contractors; unpaid members
of state departments, boards,
commissions, agencies, or
bureaus appointed by a statutory
authority; and members of local
bands and orchestras.

Farm laborers; domestic servants; casual
employees; employees engaged without pay in
employer's social or athletic events; persons
selling or soliciting products in person or by
telephone; voluntary ski patrol; clergy, rabbis, or
lay readers; stage entertainers; certain musicians
and sports officials; and real estate licensees.
Exemption for employees temporarily in state
if their state has reciprocity with Nevada. (NRS
616B.600)

Voluntary as to exempt
employment. Coverage is
mandatory for certain statutorily
identified paid or nonpaid
employees or volunteers.
Injured employee may elect
compensation if mandated
employer is uninsured. Exemption
for an employee temporarily
in the state if that state has
reciprocity with Nevada.
Consolidated insurance programs
are allowed. (NRS 616B.710)

Compulsory as to all employment.
Elective as to partners, sole
proprietors, and corporate officers.

Compulsory as to all public
employment.

Railroad workers covered under Federal
Employer's Liability Act (FELA, or Jones Act).

 

New Jersey

Elective as to all employment.
However, employers electing to opt out
of Workers' Compensation must obtain
comprehensive employers' liability
insurance, which no insurer in New
Jersey currently offers.

Compulsory as to all public
employment.

Casual workers, maritime workers, and railroad
workers engaged in interstate commerce.

Elective as to certain volunteers
specifically designated by
statute.

New
Mexico

Compulsory as to employers of three
or more and employers licensed
under the Construction Industries
Licensing Act, regardless of the
number of employees. Corporate
officers who own 10% or more of
the business entity may reject but
are still considered employees for
determination of coverage. Elective to
self-employed.

Compulsory as to state, counties,
cities, and towns; drainage,
irrigation, conservancy, or school
districts; public institutions or
administrative boards. Includes
elected or appointed officials.

Domestic servants, casual employees, and real
estate salespersons. The New Mexico Supreme
Court declared the exclusion of farm and ranch
laborers unconstitutional. The effective date of
the decision is 8/4/16.

Recommended as to domestic
service and where fewer than
three are employed. Compulsory
for charitable organizations
employing more than three
workers.

New York

Compulsory as to all for-profit
employment. Elective as to selfemployed; one to two corporate
officers who own all stock; executive
officers of religious, charitable,
veterans, or educational corporations.
Unsalaried executive officers of
nonprofit unincorporated associations
or corporations may elect to be
excluded.

Compulsory as to state and
subdivisions when worker
is engaged in hazardous
occupations enumerated. Covers
school aides and public school
teachers in districts outside of
New York City.

Farm laborers if payroll during prior year was
less than $1,200; volunteer workers who are not
considered employees under the law; domestic
workers not employed by the same employer at
least 40 hours per week; teachers or nonmanual
laborers for religious, charitable, or educational
institutions; certain real estate salespersons,
sole shareholder officers, and two shareholders/
officers who have no other employees;
babysitters under 18; casual employment or
repairs in or about a one-family owner-occupied
residence; real estate brokers and insurance
agents or brokers; and casual employment.

Voluntary as to excepted
employment and for certain
employment in fulfillment of
probationary sentence. Jockeys
covered by the New York Jockey
Injury Compensation Fund. Black
Car Operators are covered under
the New York Black Car Operators
Injury Compensation Fund.
Volunteers who are injured in the
line of duty are covered under a
separate Volunteer Ambulance
Workers Benefit Law or Volunteer
Firefighters Benefit Law.

North
Carolina

Compulsory as to all employers of
three or more and all employment
with exposure to radiation. Corporate
officers count toward total number of
employees but may reject. Elective as
to partner or sole proprietor.

Compulsory as to public
employment, public and quasipublic corporations, and elected
officials.

Farm laborers, domestic servants, casual
workers, railroad workers, voluntary ski patrol
persons, individual sawmill or logging operators
with fewer than 10 employees who operate less
than 60 days over a six-month period.

Voluntary as to casual employees,
domestic servants, and employers
of fewer than three employees.
Compulsory as to agricultural
employers with 10 or more
full-time nonseasonal workers.
Contractor must certify that
its subcontractor has secured
compensation. If subcontractor
has no employees, coverage may
be waived.

Jurisdiction

Private

Public

Nevada

Compulsory as to all employment.
Elective as to sole proprietors and
partners. An officer or manager of
a corporation may elect to reject
coverage for himself or herself.
Elective coverage is available for
statutorily excluded employment.

New
Hampshire

20 | 2020 Analysis of Workers' Compensation Laws
2020 Analysis of Workers' Compensation Laws

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